


A jN^ A^ C T 



KSTARI-ISH AND M.MXTAIN A SYSTEM OF 



FREE COMMON SCHOOLS 



F(JK T^IE STATE OF AKKAXSA8. 



APPRO VKD, asd ]3AY OF JULY, lfse>=. 



PUBLISHED UNDil DIRECTION OF THE .SUPERINTENDENT OE PUBEK] INSTRUdTION. 



LITTLE ROCK, AEK. : 

JOHN G. PRICE, PUBLIC PRINT KK. 

1868. 



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TO 



ESTABLISH AND MAINTAIN A SYSTEM OF 



FREE COMMON SCHOOLS 



FOB THE STATE OP ARKANSAS. Ii«.ii5-«^i^. 



APPROVED, 23d DAY OF JULY, 1868. 



PUBLISHED UNDER DIRICflON OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 






LITTLE ROCK, ARK.: 

JOHN G. PEICE, PUBLIC PKINTEE. 






22SEP190S 
D. oi Di 






TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE 
COMMON SCHOOLS FOE THE STATE OF ARK- 
ANSAS. 

Be it enacted hy the General AssemMy of the State of 
Arkansas : 

Section 1. That the proceeds of all lands that have been or 
hereafter may be granted by the United States to this State, 
and not otherwise appropriated by the United States or this 
State, also all [monies] stocks, bonds, lands, and other property, 
now belonging to any fund for purposes of education, also 
the net proceeds of all sales of lands and other property and 
effects that may accrue to this State by escheat, or from sales of 
estrays or from unclaimed dividends or distributive shares of 
the estates of deceased persons, or from fines, penalties or for- 
feitures, also any proceeds of the sales of public lands which 
may have been or may be hereafter paid over to the State 
(Congress consenting,) also all the grants, gifts, or devises 
that have been or hereafter may be made to this State and not 
otherwise appropriated by the tenure of the grant, gift or 
devise, shall be securely invested and sacredly preserved as a 
public school fund, that shall be designated as the " Common 
School Fund" of the State, and which shall be the common 
property of the State. 

Sec. 2. That the annual income from the said fund, together 
with one dollar per capita to be annually assessed on every 
male inhabitant over the age of twenty-one (21) years, and so 



4 COMMON SCHOOL LAW OF ARKANSAS. 

much of tlie ordinar}^ annual revenues of the State as may 
hereafter be set apart by law.^for such purposes, shall be faith- 
fully appropriated for maintaining a system of " Free Commo» 
Schools" for this State, and shall be applied to no other 
purposes whatsoever, than to the payment of teacher's wages 
and the salaries of the Circuit Superintendents of Public In- 
struction. 

COMMISSIONERS OF SCHOOL FUND. 

Sec. 3. That the Governor, Secretary of State and State 
Superintendent of Public Instruction shall constitute a Board 
of Commissioners of the "Common School Fund," and shall 
meet semi-annually at the office of said Superintendent, on the 
first Monday in February, and on the first Monday in August, 
in each J* ear: jProvided, Tha.t the Governor may assemble the 
members of said Board^any time at his discretion. 

Sec. 4. That the Governor shall be President of said Board 
and shall sign the journal of each day's proceedings. 

Sec. 5. That the^Superintendent of Public Instruction shall 
act as Secretary of the said Board, and shall keep a faithful cur- 
rent .record of its proceedings, and shall keep the said records 
open at all times for|inspection. A copy of said records cer- 
tified by the Secretary of the Board shall be in all cases 
received as evidence equal with the original. 

Sec. 6. That the said Board of School Commissioners shall 
have the management and^investment of the Common School 
Fund belonging to the State, and shall from time to time as 
the same may accumulate, securely invest the said fund in 
Bonds of the United States. 

Sec 7. That all monies required by law to be paid into the 
Treasury to the credit of the Common School Fund, may, if 
the same be not paid within thirty (30) days after they shall 
have become due, and payable, be recovered with interest dui3 ^ 
thereon, by action in any court having jurisdiction ; and such 
action shall be prosecuted by the Attorney General of the 
State or by the District Attorney for any Judicial District 
within this State when directed by the said Board. 



COMMON SCHOOL LAW OF ARKANSAS. 5 

Sec. 8. That all monies belonging or owing to the Common 
School Fund, or accruing as revenues therefrom shall be paid 
directly into the State Treasury and shall not be paid out, ex- 
cept on the warrant of the Auditor. 

Sec. 9. That the State Auditor shall be the accountant of 
the said Board, and shall annually, on the first Monday in De- 
cember, transmit to the Governor, and to the Superintendent 
of Public Instruction a report of the condition of the School 
Fund on the first day of October last preceding, with an ab- 
stract of the accounts thereof in his office. 

Sbc. 10. That the State Auditor shall under the direction of 
the Board of Commissioners, draw warrants on the State Trea- 
surer for the payment of all or any portion of the Common 
School Fund belonging to the State, for the purchase of bonds 
or other securities in which the same is by law invested. 

Sec. 1L That the State Treasurer shall by virtue of such 
warrant, pay from the uninvested Common School Fund the 
purchase money for said securities, and shall receive and 
deposite the same in the State Treasury for safe keeping ; and 
receipt to the President of the Board of Commissioners for 
the kind and amount of such securities. 

Sec. 12. That the said Board shall at their semi-annuai 
meeting, settle with the State Treasurer all accounts of the 
C(?mmon School Fund not before settled. 

SCHOOL DISTEICTS. 

Sec. 13. That hereafter each and every county shall be 
divided into school districts for the purpose of establishing and 
maintaining schools, and giving every child an oppotnnity for 
an education. 

Sec. 14. That each school district shall be a body corporate, 

by the name and style of School District No. of the county 

of and by such name may contract, and be con. 

tracted with, sue and be sued, in any of the courts of the State 
having competent jurisdiction. 



6 COMMON SCHOOL LAW OF ARKANSAS. 

Sec. 15. That every siicli district shall hold in the corporate 
name of the district the title of lands and of other property 
which may be acquired by said district for school district 
purposes. 

Sec. 16. That any new school district may be formed, or the 
boundaries of any district changed, by the County Court, with 
the concurrence ot the Circuit Superintendent, on petition of 
the majority of the electors, residing within the territory, 
affected by such change or alteration, or within the territory 
to be included in the new district proposed. Every school 
district shall be confined to the county in which the school 
house is located, or to be built ; except in cases where posi- 
tive injustice or great practical inconvenience would result 
therefrom. And the new district shall with those already 
formed, include for school purposes, all the territory of the 
County ; and shall embrace contiguous territory, and that 
which is most convenient : Provided, That in the creation of 
new districts, or in any change or alteration in the boundaries 
of districts already formed, equal regard shall be had for the 
interest and accommodation of all. 

Sec. 17. That every petition for a new school district, or 
for any change or alteration in such as already exist, shall be 
accompanied with a map of the proposed new district, or with 
a map showing the proposed changes in the boundaries of dis- 
tricts, as the case may require; and when a new district is to be 
created, the said map shall designate the location as nearly 
as possible of each inhabitant of the new district proposed. 
SCHOOL MEETINGS. 

Sec. 18. That the electors of each organized school District 
in this State, shall annually on the third Saturday in Decem- 
ber, hold a public meeting to be designated the "Annual 
School Meeting of the District." 

Sec. 19. That all persons qualified to vote for county and 
State officers, at the general election, shall be deemed quali- 
fied electors of the school district in which they reside, and 
shall have the privilege of voting at all school meetings. 



COMMON SCHOOL LAW OF ARKANSAS. 7 

Sec. 20. That the electors of any school district shall, wheri' 
lawfully assembled in district school meeting, with not less than 
five electors present, have power by a majority of the votes 
east at such meeting: 

First. To choose a Chairman or moderator. 

Second. To adjourn from time to time. 

Third. To appoint, when necesssary, in absence of ther 
Trustee of the district, a clerk, pro tern. 

Fourth. To elect a Trustee for the district. 

Fifth. To designate a site for a school house. 

Sixth. To determine the length of time during which a 
school shall be taught more than three months in the year ,., 

Seventh. To determine what amount of money shall be 
raised by tax, on the taxable property of the district, suffi- 
cient with the public school revenues, apportioned to the dis- 
trict, to defray the expenses of a school for three months, or 
for any greater length of tinie they may decide to have a school 
taught during the year. 

Eighth. To purchase or lease a site for a school house ; to 
build, hire or purchase school house ; to keep the school 
house and grounds, and the fence inclosing the same, in repair; 
and to provide out buildings, and to purchase the necessary 
fuel, furniture, and school apparatus. 

Ninth. To repeal and modify their proceedings from time to° 
time. 

Sec. 21. That all taxes voted for school purposes, by any 
school district, shall be levied by the County Court at the 
same time the county taxes are levied, and shall be collected 
in the same manner as the county taxes are collected, at the 
same time and by the same persons, and paid into the county 
treasury, there to be kept subject to disbursement on the 
warrant of the Trustee. 

Sec. 22. That at the annual school meeting held on the- 
third Saturday in December, there shall be elected by the- 
legal voters in each school district a Trustee, who shall be aa 



■8 COMMON SCHOOL LAW OF ARKANSAS. 

elector of the district, and who shall hold his office for the 
term of one year, and until his successor shall have been elected 
and have qualified ; Provided^ That when a new school district 
shall have been formed under the provisions of this Act, a 
Trustee shall be immediate!}'' elected by the electors of the new 
district, and shall hold his office until the annual school meet- 
ing on the third Saturday of the next ensuing December. 

Sec. 23. That any person elected [and accepting the position 
of] Trustee of a school district, shall within ten days after 
having been notified of his election, file his acceptance with 
his predecessor at that time in office ; and shall within the 
aforesaid period take and subscribe before a Justice of the 
Peace, or other competent officer, the oath prescribed for 
officers by the constitution of this State, and shall file the said 
oath in the office of the Clerk of the County in which he 
resides. 

Sec. 24. That any person who shall have been elected or ap- 
pointed a Trustee, and who shall neglect or refuse to qualify 
and serve as such, shall forfeit to his district the sum of twenty- 
five dollars, which may be recovered by action against him at 
the instance of any elector in the district, or by the circuit 
superintendent, and which, when collected, shall be paid into 
the County Treasury by the officer before whom the action was 
fiiaintained, and added by the Treasurer to the school fund 
revenues apportioned to that district. 

Sec. 25. That any Trustee who shall neglect or fail to per- 
form any duties of his office, shall forfeit to his district the sum 
of fifty dollars, to be recovered as directed in the preceding 
section, and to be added in like manner to the school fund 
revenues apportioned to his district. 

Sec. 26. That if the office of Trustee in any district becomes 
vacant, the electors of the said district shall, in district meet- 
ing assembled, within fifteen days after the occurrence of such 
vacancy, elect a Trustee to serve the remainder of the unex- 
pired term ; but if the district in which such vacancy occurs 



COMMON SCHOOL LAW OF ARKANSAS. 9 

neglect or fail to elect a Trustee to fill such vacancy, then the 
Circuit Superintendent shall appoint from the electors of said 
district a Trustee to serve the remainder of the term. 

Sec. 27. That the Trustee shall have charge of the school 
aitairs, and of the local educational interests of his district, and 
shall have the care and custody of the school-house and 
grounds, the books, records, papers, and other property be- 
londna: to the district, and shall carefully preserve the same, 
preventing waste and damage, and shall purchase or lease ni 
the corporate name of the district, such school-house site as 
may be designated by a majority of the legal voters present at 
the district meeting ; shall hire, purchase, or build a school- 
house with funds provided by the district for that purpose; 
and may sell or exchange such site or such school-house, when 
so directed by a majority of the electors in any legal meeting 
of the district. 

Sec. 28. That ho shall hire, for and in the name of the dis- 
trict, such teachers as have been licensed according to law, 
and shall make with such teachers a written contract, specify- 
ing the time for which the teacher is to be employed, the 
wages to be paid per month, and any other agreement entered 
into by the contracting parties; and- shall furnish the teacher 
with a duplicate of such contract, and keep the original on file 
in his office; but he shall employ no person to teach in any 
common school of his district unless such person shall hold at 
the time of commencing his school a certificate and license to 
teach, granted by the Circuit or State Superintendent. The 
term month, whenever it occurs in any section of this Act, 
shall be construed to mean twenty days, or four weeks of five 
days each. 

Sec. 29. That he shall procure from the Circuit Superinten- 
dent and furnish the teacher at the commencement of the term 
a register for his school, and require the said teacher to report 
in the said register at the close of the school term, the number 
of days of the said term, the name and age of each pupil, the 



10 COMMON SCHOOL LAW OF ARKANSAS. 

date on which each entered the school, the seperate days on 
which each attended, the whole number of days each attended, 
the studies each pursued, the total number of days all the 
pupils attended, their average daily attendance, and the num- 
ber of visits received from the Trustee and from the Circuit Su- 
perintendent during the said term. 

Sec. 30. That he shall visit the schools at least twice each 
term and encourage the pupils in their studies, and give such 
advice to teacher as may be for the benefit of teacher and 
pupils. 

Sec. 31. That he shall submit to the district at the annual 
meeting, an estimate of the expenses of the district for that 
year, including the expenses of a school for the term of three 
months, after deducting the probable amount of school monies 
to be apportioned to the district for that current school year ; 
and shall also submit an estimate of the expense per month of 
continuing the school beyond the term of three months, and 
of whatever else may be necessary for tlie comfort and advance- 
ment of the said school. 

Sec. 32. That in case the district, at their annual meeting, 
fail to provide for a school to be taught at least three months 
during that year, and to provide for fuel, and to make other 
provisions necessary for the efficiency and success of said 
school, he shall immediately forward to the County Clerk an 
estimate of the necessary expenses for a school of three months, 
after deducting the probable amount of the school fund 
revenues to be apportioned to the district, and a tax for the 
amount of such estimate shall be levied on the district by the 
County Court at the same time that county taxes are levied, 
and he shall provide what may be necessary for a school of 
three months, and pay all the expenses incurred for the same 
out of the monies raised by the tax to be levied as provided in 
this section. 

Sec. 33. That'he shall in all suits and actions at law brought 
by or against his district, appear for and in behalf of said dis- 



COMMON SCHOOL LAW OF ARKANSAS. 11 

trict ; Provided^ That he shall have had no other directions or 
instructions by a lawful meeting of the electors of his district. 
Sec. 34. That he shall draw orders on the Treasurer of the 
eounty for the payment of wages due teachers, or for any 
other lawful purpose, and he shall state in eveiy such order 
the services or consideration for which the order is drawn, and 
the name of the person rendering such service. But he shall 
not draw any order on the County Treasurer for the payment 
of the wages of any teacher not licensed, nor shall he draw 
orders for the payment of more than seventy-five per cent, of 
the wages due any person for services rendered as teacher, nor 
allow more than seventy-five per cent, of such wages to be 
paid out of monies belonging or apportioned to the dis- 
trict until the said teacher shall have deposited with the Trus- 
tee the school register containing the report, which the teacher 
is required by section tWenty-nine of this Act to make to the 
said Trustee at the close of the school term. 

Sec. 35. That he shall give notice of each annual and of each 
special meeting, by posting notices thereof at least fifteen days 
previous to such meeting, in three or more conspicuous places 
within the district ; Provided^ That in case the Trustee shall 
neglect or fail to give previous notice of any annual meeting 
without fraudulent purpose or intent, such neglect or failure 
shall not be sufficient grounds for rendering such meeting 
illegal, or for invalidating its proceedings. But it shall not be 
lawful for a district at any annual meeting to fix a site for a 
school-house. Or to raise money for building or purchasing a 
school-house unless the Trustee shall have particularly set 
forth in the previous notice given of such meeting, that these 
matters were to be submitted to the meeting for their con- 
sideration and action. 

Sec. 36. That he may call a special meeting of the district 
when five or more freeholders or householders shall have filed 
with him a written request therefor, or when, in his opinion, 
it shall have become necessary to consult in regard to business 
interests of the district the electors thereof collectively. 



12 COMMON SCHOOL LAW OB^ ARKANSAS. 

Sec. 37. That he shall specify in each notice for a special 
meeting the objects for which such meeting is called, other- 
wise such special meeting shall be deemed illegal, and every 
notice of annual or special meeting, he shall record in its 
proper order of place, with the current district proceedings. 

Sec. 38. That he shall act as clerk of all district meetings, 
shall keep a record of the proceedings thereof in a book 
provided for that purpose ; or, if absent, he shall transcribe 
into the said book the minutes kept by the clerk pro tem., and 
signed by the chairman, as so much of the authenticated records 
of the district; and he shall enter on the said book copies of 
all his reports to the County Clerk and the Circuit Superinten- 
dent. 

isc. 39. That he shall keep, in a book provided for that pur- 
pose, the accounts of the district by debits and credits, includ- 
ing the accounts with the County Treasurer, and shall present 
the same to each annual meeting, showing the current expenses 
for the year for school-houses, out-buildings, fences with which 
to inclose a school-house site, for stoves, wood, maps, charts, 
black-boards, a dictionary, and other necessaries for a school; 
and containing a statement of the number of days he has been 
necessarily employed in the performance of his duties as Trus- 
tee; the date of each order drawn by him on the County Treas- 
urer, and for what services or considerations, for what amounts 
and in whose favor, exhibiting vouchers therefor ; a statement 
of the indebtedness of the district, and also of the surplus 
monies, if any, in the County Treasurj^ belonging to the dis- 
trict at the commencement of the year, the amount of taxes 
levied on the district for school purposes within the year, the 
different purposes for which said taxes were levied, and the 
amount levied for each purpose. If, on examination, the re- 
port be found correct, the chairman of the meeting shall ap- 
prove the same, and order that it be filed with the records of 
t'ke district. 

Sbc, 40. That he shall, within ten days after any school 



GOMBION SCHOOL LAW OF AKKANSAS. 13 

meeting, report t» the Clerk of the county so much of the 
proceedings of said meetings as pertains to the election of 
officers ; and he shall, on or before the thirty-first day of De- 
cember in each year, furnish to the County Clerk so much of 
the copy of his record, attested by the chairman of the meet- 
ing, as shows the amount of money voted to be raised by the 
district for school purposes at the annual or at any special 
meeting. 

Sec. 4L That he shall annually, between the first and fif- 
teenth days of October, transmit, verified by his affidavit, to 
the Circuit Superintendent, a written report in proper form 
of the name of his county, the number of his district, the 
names and ages of all persons between the ages of five and 
twenty-one years, residing in his district on the first day of Oc- 
tober, the number of males and females, respectively, of each 
color that attended the common school during the last school 
year, the average number of each sex that attendefl daily, the 
number that pursued each of the studies designated to be 
taught in the common schools of this State, the number jof 
times the school was visited each term by the Trustee and by 
the Circuit Superintendent, the number of days that school 
was taught during the year by a licensed teacher, the names 
of each teacher, the grade of his certificate, the wages paid to 
eaeh teacher per month, and the whole amount of wages paid 
teachers during the year. He shall include in this report the 
number of male inhabitants in his district subject to per capita 
tax for the support of school ; the amount of taxes voted by the 
district during the last school year, for what purposes voted, 
and the amount voted for each purpose ; the amount drawn 
from the County Treasury for each purpose for which money 
was raised by district tax ; the amount of revenues received 
from the common school fund, and the amount received from 
each of the various other sources from whence school revenues 
are derived ; the amount of each kind of revenue remaining 
in the county !?^T<jasurv and subject to the order of the district; 



14 COMMON SCHOOL LAW OF ARKANSAS. 

the number of school-houses erected during the year ; the cost 
and the material of each ; the number, the material, the con- 
dition and the value of those before erected, and the value of 
all other school property belonging to the district ; the condi- 
tion of the school-house grounds, and whether the said grounds 
are inclosed ; and he shall record the said report in its proper 
place in the district book, in which the current records of the 
proceedings of the district are kept. 

Sec. 42. That if the Trustee of any school district fail or 
neglect to make a report of the enumeration, statistics and 
finances of his district at the time and in the manner pre- 
scribed by the preceding section, the said Trustee shall, in 
addition to his forfeiture for neglect of duty, be liable for any 
damages, including the costs of suit, that the district 'may sus- 
tain by reason of losing the school revenues that would other- 
wise have been apportioned to them. 

Sec. 43. That he shall, at the close of the school year, settle 
with the County Treasurer, and ascertain what monies, if any, 
to which his district may be entitled, and the amounts severally 
thereof [that] are in the county Treasury and subject to be 
drawn by his district. 

Sec. 44. That he may, at the instance of the teacher, sus- 
pend from the school any pupil for gross immorality, refrac- 
tory conduct, or insubordination, or for infectious disease. 
Provided, That such suspension from the school shall not 
extend beyond the current term. He shall have power to deter- 
mine who are to be admitted from other districts to the privi- 
leges of the school ; but no person shall have a right to attend 
school out of his district unless it be by arrangement with the 
Trustee of the district in which he proposes to attend school. 
He may permit older persons to attend the school under such 
regulations as he may deem proper to make. 

Sec. 45. That he may permit a private school to be taught 
in the district school-house during such time as the said house 



COMMON SCHOOL LAV»^ OF ARKANSAS. 15 

is not occupied by a public school, unless he be otherwise 
directed by a majority of the legal voters of the district. 

Sec. 46. That he shall cause the public schools of his dis- 
trict to be closed on the days appointed for public examination 
of teachers in his county, and also cause the said schools to be 
[closed] during the session of the Teachers' Institute. 

Sec. 47. That he shall be entitled to receive for every day 
actually and necessarily employed in perfoming his duties as 
Trustee the sum of two dollars, to be paid by the district. 
Provided, That he shall not be entitled to receive pay for more 
than ten days in any one year. He shall file with the County 
Clerk his bill of account, verified by his afiidavit, that the said 
account is just and true, and that the services therein named 
were honestly and faithfully rendered, that such services could 
not have been well performed within less time, and that the 
amount of per diem claimed is justly due and remains unpaid; 
whereupon the County Clerk shall draw a w^arrant on the 
Treasurer of the county for the said amount in favor of the 
said Trustee. 

Sec. 48. That he shall, at the expiration of his term of ofiice, 
deliver to his successor all books, records, papers, and all other 
property belonging to the district. 

TEACHERS. 

Sec 49. That any person, who shall teach in any common 
school of this State without a certificate of his qualifications 
and his license to teach, shall not be entitled to receive for 
such services any compensation from revenues raised by tax 
or in any wise appropriated for the support of common schools. 
Provided, That if his license expire by limitation during the 
term for which he may be engaged in teaching any school, 
such expiration shall not have the effect to interrupt his school 
or to debar his claim against school revenues for the payment 
of teachers' wages. 

Sec. 50. That every teacher shall keep a daily register of 



IG COMMON SCHOOL LAW OF ARKANSAS. ' 

his school in the manner prescribed -by law and indicated by 
the blank school register, to be furnished by the Trustee at the 
eommencement of his school. 

Sec. 51. That it shall be the duty of each and every teacher 
to attend the public examination for teachers; to become mem- 
bers, and attend the regular session of the Teachers' Institute, 
as soon as the same shall have been established; and no 
teacher, when attending an examination, or the Institute, shall 
be charged for loss of time while necessarily absent from his 
school to attend such examination or Institute. 

Sec. 52. That no teacher employed in any of the common 
schools shall permit sectarian books to be used as reading or 
text books in the school under his care. 

Sec. 53. That any teacher who shall have complied with the 
provisions of this Act, shall be paid from the first moneys re- 
ceived into the County Treasury to the credit of the district; 
and his claim shall not be superseded by any subsequent claim; 
and no mone}' in the County Treasury belonging to any dis- 
trict shall, so long as there is any such claim filed against the 
said district, be applied to any purpose whatsoever other than 
the payment of teachers' wages. 

Sec. 54. That if any parent, guardian, or other person, from 
any cause, fancied or real, visit any school and there upbraid 
©r insult any teacher in the presence of his pupils, the person 
©ffending by such conduct shall be liable to a fine of twenty-five 
dollars and costs, to be paid into the tuition revenues for the 
eounty. 

Sec. 55. That any person who shall willfully destroy or in- 
jure any building used as a school-house or for other educa- 
tional purposes, or any furniture, fixtures, or apparatus thereto 
belonging, or who shall deface, mar or disfigure any such 
building, furniture, or fixtures, by writing, cutting, painting, 
or pasting thereon any likeness, figure, words, or device, with- 
out the consent of the teacher or other person ^Jiaving control 
of such house, furniture, or fixtures, shall be fined a sum 



COMM(>N SCHOOL LAW OF ARKANSAS. 17 

double tlie value of any such building, furniture, fixture, or 
apparatus so destroyed ; and shall be fined in a sum not less 
than ten nor more than fifty dollars for each offense for writing, 
painting, cutting, or pasting, in any such building, furniture, 
or fixtures, any such words, figures, likeness, or device, to be 
recovered by civil action in any court of competent jurisdic- 
tion ; and the punishmentfprdvided in^this section is in addi- 
tion to and not in lieu of the punishment provided by th© 
statutes for such offenses. 

.TEACHERS' INSTITUTES. 
(10 -i'jqo : • 

'SE€f. 56. That whenever a Teachers' Institute ^all be held 
iii'any county, the Circuit Superintendent shall file with the 
Clerk of said county his official statement of the expenses of 
such Institute, exclusive of board, whereupon said Clerk shall 
draw his warrant on the County Treasurer for the amount 
necessary to defray the said expenses ; provided, that such war- 
rant shall not be drawn for an amount greater than fifty (50) 
dollars. 

CIRCUIT SUPERIOTENDENTS OF PUBLIC INSTRUCTION. 

Sec. 57. That the Governor ©f tl»s State shall quadrennially 
on the first day of February, by and with the advise and con- 
sent of the Senate, appoint as superintendent of schools for 
each judicial district a suitable person of high moral charac- 
ter and scientific attainments, to be styled Circuit Su- 
perintendent of Public Instruction, who shall hold his office 
for the term of four years, commencing on the fourth 
day of March succeeding his appointment, and until his sue-^ 
cessor shall have been duly commissioned and have quali- 
fied : Provided, That the Governor shall "as early as practica- 
ble, after the passage of this Act appoint for each Judicial 
District a Circuit Superintendent who shall enter upon his 
duties immediately after having received his commission from: 
the Governor, and shall hold his office until the fourth day 

2 



-18 COMMON SCHOOL LAW OF ARKANSAS. 

of March, A. D. 1873, and until his siiceessor shall have been 
a.ppointed and have qualified. 

^OATH OF OFFICE. 

Sec. 58. That before entering upon the duties of his office, 
«each circuit superintendent shall take and subscribe the oath 
prescribed for officers, by the Constitution of this State, and 
Sle such oath in the office of the Secretary of State. 

TEACHERS. 

'Bbc. 59. That he shall license teachers, and on proper cause 
■gliown, may annul certificates. He shall hold, semi-annually, 
at the county seat of each county, in a suitable room to be pro- 
vided by the County Court, a public examination for the pur- 
pose of ascertaining the professional qualifications of teachers, 
:and of granting licenses to teachers : shall previous to holding 
iwack ^examinations, give at least twenty days notice thereof to 
tk© trustees of each school district within the county in which 
the examination is to to be held ; and shall instruct the said 
trustee, whose duty it shall be, to file the original notice in his 
office, and post, without delay, copies of the said notice in three 
or more of the most conspicuous places within his district. He 
■ shall conduct all examinations by written and oral questions 
rand answers, and with as much uniformity as practicable for 
■:-:Mthe counties in his district; but he shall grant no cer- 
;tificates of qualification except in accordance with the pro- 
'4Fisions of law respecting teacher's certificates. 

';Sec. 60. That he shall at the times and places appointed 
for lioldmg public examinations, examine in orthography, read- 
ing in iEnglish, penmanship, mental and written arithmetic, 
!^nglish grammer, modern Geography, history of the United 
; St^ites, the Constitution of the United States, the Constitution 
:.and laws of the State of Arkansas, all persons present and 
. applying for an examination with the intention of teaching ; 
;:ari.d if convinced, that such persons are of good moral charac- 



COMMON SCHOOL LAW OF ARKANSAS. 19 

ter and are competent to teach successfully tlie foregoing 
branches, he shall give such persons certificates ranking in 
grade to correspond with the relative qualifications of the 
applicants according to the standard adopted ; but he shall not 
license any person to teach who is given to profanity, drunk- 
enness, gambling, licentiousness or other demoralizing vices or 
who does not believe in the existence of the Supreme Being; 
nor shall he be required, except at his own discretion to grant 
private examinations. He may cite to re-examination, any person 
holding a license, and under contract to teach any free school 
within his district, and on being satisfied, by a re-examination 
or by other means, that such person does not sustain a good 
moral character, or that he has not sufficient learning and 
ability to render him a competent teacher, he may for these 
and other adequate causes revoke the license of such person ; 
and in case of such revocation, he shall immediately give 
notice thereof to both teacher and trustee, and thereby ter- 
minate the contract' between the said parties ; but the wages of 
the said teacher shall be paid for the time he shall have actu- 
ally taught prior to the day on which he receives notice of the 
revocation of his license. 

Sec. 61. That he shall require every applicant for a certifi- 
cate of qualification and license to teach in the common schools 
of this State, before he shall grant said applicant such license, 
to take and subscribe the following oath, and shall file such 
oath with the records of his office : 

TEACHER'S OATH. 

I do solemnly swear (or affirm) that I will honestly and faith- 
fully support the Constitution and Jaws of the United States, 
and the Constitution and laws of the State of Arkansas, and 
that I will encourage all other persons so to do. That I will 
never countenance or aid in the secession of this State from 
the United States ; that I will endeavor to inculcate in the 
minds of youth sentiments of patriotism and loyalty, and will 



20 COMMON SCHOOL LAW OF ARKANSAS. 

fully, faithfully and impartially perform the duties of the office 

of teacher according ,fo the. best of my ability, so help me 

God. . ■..- V - •//.: . ■ ... ...,:. . 

GRADES OF CERTIFICATES: 

Sec. 62. That he shall issue three grades of eertiiicates, to- 
be styled respectively : certificates of the first, of the second, 
and of the third grades; certificates of the first grade shall be 
valid in the Judicial District for two years. Those of the 
second grade shall be valid in the county for which they are 
issued one year. Those of the third grade shall be valid in the 
county six months. But he shall not renew any certificate or 
grant a license without an examination of the applicant with 
reference thereto. 

RECORD OF TEACHER. 

Sec. 63. That he shall keep a record of the name, age, sex, 
Post Office address, and nativity of each person licensed by 
him to teach, and of the date and grade of his certificate, and 
shall include such record in his report to the State Super- 
intendent. 

Sec. 64. That he shall annually as soon as practicable, and 
whenever he can assemble tei\ teachers for that purpose, hold 
a Teacher's Institute in the different counties of his district, 
for the purpose of reviewing with said teachers, the branches 
taught in, the common schools, and of instructing them in the 
art of teaching ; and he shall as his imperative duty aid 
teachers in all proper and commendable efforts to inporve in 
their professions ; and he shall employ all reasonable means in 
his power to make them more efficient, and to make their call- 
ing more professional ; and he may revoke the license of any 
teacher, who without good and sufficient reasons, shall be ab- 
sent either from the public examination or from the Teacher's 

Institute. 

VISIT SCHOOLS. 

Sec. 65. That he shall visit the schools of his Judicial'Dis- 



GOMMO]?^ SGHOOL LAW OF ARKANSAS. 21 

tiict, at least, once each regular term thereof; take note of the 
mode of conducting exercises ; of the course of instruction 
pursued, the branches taught, the text books used, shall amend 
so far as possible any failure in discipline, order, or govern- 
ment ; shall remedy any defects in the classification of pupils, 
shall correct what may be erroneous in the method of teaching, 
or irregular in administration, and shall make such suggestions 
and give such directions to teachers as in his opinion will best 
promote the interest and conduce to the success of the schools. 
He shall instruct and stimulate pupils ; take cognizance of 
the condition and commodiousness of the school houses ; the 
supply and adaptation of tile furniture, apparatus, fixtures and 
text books ; shall confer with Trustees and prompt them in the 
performance of their official duties ; shall ascertain what mea- 
sures have been taken by each district to provide for schooling 
the children and youths residing therein ; what the capability 
and efficiency of the teachers employed ; shall see that ortho- 
graphy, reading in English, penmanship, arithmetic, English 
grammar, modern geography and history of the United States 
are taught in every common school, by a teacher competent 
and licensed to instruct in the same ; shall see that the school 
laws are properly enforcedin all other respects within his judicial 
district ; shall exercise a supervising control over the schools 
under his superintendence, and shall take all proper means to 
prevent and correct any mismanagement of the said schools. 
He shall labor to promote the general usefulness of the schools 
of his district, and to elevate their character, and raise the 
standard of public instruction ; shall see that the organization 
and management of the same shall be as nearly uniform as 
practicable, and in strict conformity with law, and the regula- 
tions of the State Board of Education. 

Sec. QQ. That he shall encourage the inhabitants to form 
and organize school districts, to establish public schools therein, 
under qualified teachers, to furnish suitable text books for 
their children and to send them to school ; shall direct the 



22 COMMON SCHOOL LAW OF ARKANSAS. 

attention of teachers and school patrons to those methods of 
instructions that will best promote mental and moral culture ; 
the most feasible and approved plan for building and ventila- 
ting school houses. He shall labor to create among the people 
an interest in the public schools, and shall take advantage of 
public occasions, such as the dedications of schools houses, 
public examinations and institutes to impress the people with 
the importance of educating every child, and consequently of 
the duty of maintaining a system of free common schools 
established by law. He shall receive the reports of trustees, 
transmit an abstract of the same to the State Superintendent, 
and transmit therewith a report of the condition and prospects 
of the schools under his superintendence, together with such 
other information and suggestions as he may deem proper to 
communicate. 

APPORTIONMENT. 

Sec. 67. That lie shall immediately on receiving notice of 
the distributive share of school revenue, apportioned by the 
State Superintendent to each county, proceed to apportion to 
the several school districts of each county in his judicial dis- 
trict, in proportion to the number of persons between the ages 
of five and twenty-one years residing within the school district 
respectively, on the first Monday of October previous, the said 
school revenues apportioned to the county, and shall forward 
to the County Treasurer [and to each Trustee of the county a 
statement of such apportionment, carefully distinguishing the 
sources from which the school revenues so apprortioned are 
derived] and the amount due each school district in the county 
from each seperate source, and shall see that the revenues from 
the public school fund are invariably paid to the several 
counties of his judicial distinct, and to the school districts of 
each county, strictly in accordance with the apportionment 
made to them by the same ; Providedy He shall make no 
pportionment of the school revenues to any district in which 

common school was not taught three months by a qualified 
teacher during the previous school year. 



COMMON SCHOOL LAW OF ARKANSA'-S. ^'^■ 

Sec. 68. That whenever a new district shall have been' 
formed and organized, he shall at the next apportionment 
made thereafter, apportion to the new district school revenues- 
in proportion to the number of persons between the ages of 
five and twenty-one years, reported by the Trustee of the said 
new district ; And provided alvjays, That the number of pes^- 
sons between the ages of five and twenty-one years, reported: 
in any year by the district Trustees of each county, shall be- 
taken as the quota of that county, and the number reported 
from each school district shall be taken as the quota of that 
district, and that the only basis on which an apportionment of 
the school revenue shall be made, is to be the number of per-- 
sons so reported each year by the district Trustees. 

REPORT OF CIRCUIT SUPERINTENDENTS. 
Sec. 69. That he shall annually on or before the twentietK' 
of jSTovember, prepare in tabular form an abstract of the re- 
ports made to him by the Trustees of the school districts of 
the several counties embraced within his judicial district, show- 
ing the number of organized districts in each county at the 
commencement of the year, on the first da}'^ of October pre- 
ceding, the districts that have made their annual reports, the 
number of persons in each district between the ages of five and 
and twenty-one years, distinguishing the sex and also the' 
color of said persons^ the number of said persons that attended 
school during the year, the average number of males and of 
females of each color in daily attendance, and the number that 
pursued each of the studies designated to be taught in the 
common schools, the number of teachers of each sex employed 
in each county, the average wages paid per month to teachers; 
of each sex according to the grade of their certificate, the 
whole amount paid as teacher's wages in each county, the 
number of pupils that studied in each county, and the several 
branches taught, the number of school-houses erected during 
the year in each county, material and cost of the same, th& 



24 COMMON SCHOOL LAW OF ARKANSAS. 

number before erected, the material used in- their construction, 
their condition and value, the grounds, of . how many are 
enclosed, the counties in which Teachers' Institute have been 
organized and.conductedby him since his last report, the num- 
ber of teachers that attended each of the said Institutes, the 
success or general results of the same, the number of persons 
in each county of his district subject to per capita tax for the 
support of, schools, the amount of money raised by tax in each 
district, for what purpose raised, the amounts that have been 
expended and for what purposes, the amount of revenue re- 
ceived by each county from the common school fund, and 
received for the support of schools from eacli of ..all other 
sources, for what purposes and in what sums, the said revenues 
were expended, and v/hat amounts unexpended were at the 
close of the school year in the County Treasuries of the seve- 
ral counties. 

NUMBERING OF SCHOOL DISTRICTS. 

Sec. 70. That he shall number the several school districts in 
each county, in regular order from number "one" upward, 
and shall keep in his office a record and description of each 
district, with .the boundaries clearly defined, and also a record 
of such changes or alterations in the boundaries of each as 
shall from time to time be made. 

, Sec. 71. That he shall as soon as possible ascertain the num- 
ber of acres of Congressional school land unsold in each county 
of his district ; also, the number of acres and descriptions 
of such Congressional school lands as have been sold on 
credit, and on which any portion of the purchase money 
or the interest thereon remains due, the length of time 
since any payment of principal or interest has been made, 
the names of the persons that permanently occupy or have 
possession of the same, the number of acres each pos- 
sesses or occupies, the condition of said land, the number of 
acres under cultivation, the kind and value of the improve- 



COMMON SCHOOL LAW OF ARKANSAS. '25 

.Eaents on each :p9.rcel,iof said lands, and shall report the same 
to th;e> State Superintendent of Publio Instriietion and) ,to the 
Commissioner pf Statte . Lands* v)k18 tu iaoi odi in kj^jo [\iuli 
,^>ioo.i lEEMOVALiDP CIRGUIT ^SFPfifelNTENDENO^fita f>at 

■^*'-Se'c.'"72. That the Circuit Superintendent may be f6'nio^ed 
feom office by the Governor, upon satisfactory proof of incom- 
petency or neglect of duty. But no such"r6moval shall be 
valid unless the person so removed has had at least thirty (30) 
days' notice of charges brought against him and an oppor- 
tunity to be heard in his own defense. 

SALAEY. 

Sec. 73. That he shall be entitled to jreceiya ^ripivially, for 
his services properly rendered, the sum of three thousand 
($3000) dollars, together with the necessary expenses of station- 
ery and postage for his office, to be paid quarterly out of the 
common school fund in the State Treasury on the warrant of 
the Auditor. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Sec. T4. That there shall be elected quadriennially, by the 
qualified . electors of this State, at the general election, a State 
Superintendent of Public Instruction, who shall hold his office 
for the term of four years. Provided, That the State Super- 
intendent of Public Instruction elected under the provisions 
of section three, article fifteen, of the Constitution of the State 
of Arkansas, shall hold and continue in his office until the 
first day of January, A. D. 1873. 

OATH. 

Sec. 75. That, before entering upon the duties of his office, 

he shall take and subscribe the oath prescribed for officers by 

the Constitution of this State, and shall ii\e such oath with the 

Secretary of State. 

OFFICE. 

Sec. 76. That the Superintendent of Public Instruction 



26 COMMON SCHOOL LAW OF ARKANSAS. 

shall be charged with the general superintendence of the busi- 
ness relating to the free common schools of this State ; that he 
shall open at the seat of State Government (at the expense of 
the State) a suitable office, in which he shall keep all books, 
reports, public documeuts, and other papers pertaining to his 
department, and where he shall be in attendance when not 
necessarily absent on business, and have personal supervision 
of the business affairs of his office, and keep a clear and cor- 
rect record thereof. 

BLANKS, 

Sec. 7T. That he shall furnish and transmit to the Circuit 
Superintendents, school registers, blank certificates, reports, 
and other printed blanks, from the forms prepared by the 
Board of Education, together with such other suitable blanks, 
forms, and printed instructions, to be forwarded to Trustees 
and other school officers, as may be necessary to aid such 
officers in making their reports and carrying into full effect the 
various provisions of the school laws of this State ; that he 
shall exercise such supervision over the school funds as to 
ascertain the amount and disposal made of the same; their 
protection and safety whenever invested or deposited, and 
recommend measures for their security and preservation and 
for rendering them most productive of revenues; shall en- 
force tfee strict application of the school revenues to the legit- 
imate purposes for Avhich they were intended, and shall, when 
directed by the Commissioners of the School Fund, cause to 
be instituted, in the name of the State of Arkansas, suits or 
actions for the recovery of any portion of the said funds or 
said revenues that may be squandered, illegally applied, or un- 
safely deposited. 

EEFOKTS. 

Sec. 78. That he shall, on or before the twentieth day of 
December, prepare and submit to the Governor of this State 



COMMON SCHOOL LAW OF ARKANSAS. 2T 

an annual report, in writing, showing the number of persons 
between the ages of five and twenty-one years residing in 
the State on the first day of the preceding October, the num- 
ber of such persons in each county, the number of each sex, 
the number of white, the number of colored, the whole num- 
ber of such persons that attended the free common schools 
of the State during the year ending the thirtieth day of the 
last preceding September, and the number in each county 
that attended during the same period, the number of whites of 
each sex that attended, and the number of colored of each 
sex that attended the said schools, the number of common 
schools in the State, the number of pupils that studied each 
of the branches taught, the average wages paid to teachers 
of each sex, the relative average wages paid to male and 
female teachers respectively — according to the dififerent grades 
of their certificates, the number of school-houses erected dur- 
ing the year, the material and cost thereof, the number pre- 
viously erected, the material of which they were constructed, 
their condition and value, the number with their grounds 
inclosed, the counties in which Teachers' Institutes were held, 
and the number that attended the Institutes in each county. 

Sec. 79. That he shall likewise report the number of male 
inhabitants in the State, and in each county subject to per 
«apita tax of one dollar for the support of schools ; the 
amount of permanent school fund belonging to the State at 
the close of the fiscal school year, and the amount of other 
property appropriated to school purposes ; the nature, kind, 
and amount of such investment made of the same ; the safety 
and permanency of such investments ; the amount of revenue 
accruing from the school funds ; the income derived from the 
per capita assessments in each county, and the amount derived 
from such assessment in all the counties of the State ; the 
income derived from all other sources, together with the amount 
derived from each ; likewise, in what sums, for what purposes, 
and in what manner the said school revenues shall have been 



28 COMMON -SCHOOL LAW OF ARKANSAS. 

expended, and what amount of school moneys of various 
kinds are in the various county treasuries unexpended. 
■)di ^-lyauli'i..' KECOMMENDATIONS, 

Sec. so.' That he shall include in his report such plans as 
he may have matured for the improvement of the common 
school system of this State ; for the accumulation, the invest- 
ment, and the more judicious management of the common 
school fund; and when he may deem it advisable shall [recom- 
mend] measures for a more economical and advantageous col- 
lection and expenditure of the reVeiiues accruing from the said 
fund, and whenever it comes to his knowledge that any of the 
investments of the school fund are not safe, or that any por- 
tion of the said fund is liable to be lost, that it is unproduc- 
tive of revenue, or that any of the school revenues have been 
diverted from their proper channel, or from the appropriate 
objects contemplated, he shall report the facts to the Governor, 
and to the General Assembly, if in session. 

Sec. 81. That he shall append to his report a statistical 
table compiled from the materials transmitted to his office by 
school officers, with proper summaries, averages and totals 
given. 

Sec 82. That he shall present such a comparison of results 
and such an exhibit of his administration, and of the opera;tion 
of the Free Common School system, together with such state- 
ments of the true condition of the schools of tiie State, as 
shall distinctly show the improvements and progress made from 
year to year in the department of public instruction. 

Sec. 83. That the annual reports of the State Superinten- 
dent with the Governor, shall be transmitted by the Governor 
to the General Assembly at the opening of the session. 

Sec. 84. That the State Superintendent of public Instruc- 
tion, shall, on the second Monday in January, submit to the 
General Assembly at its regular session, a biennial report, 
complete and in all respects similar to his annual report made 
to the Governor, as required by this Act. 



COMMON, SCHOOL LAW OF AEKANSAS. 29 

, ...EEPORTS TO BE PUBLISHED. 

Sec. 85! That he shall have his reports, to the Governor, and 
to the General Assembly, published as soon as practicable after 
they shall ha>ve.been made, and shall cause them to be distri- 
buted among the various school officers of the State, to "be 
kept on file in their respective offices. 

APPORTIONMENT. 

SeGj 86. That he shall, on the third Monday of December 
and the third Monday in June, in each year, after deducting 
a sufficient amount to pay the salaries of the Circuit Super- 
intendents, make a pro rata apportionment to the several 
counties of the State of the remaining revenues in the State 
Treasury available for distributions for school purposes, on the 
basis of the number of persons between the ages of five and 
twenty-one years residing in the said counties respectively, on 
the first Monday of October previous ; and he shall publish a 
statement of the same, and as early as practicable shall trans- 
mit a copy thereof to each Circuit Superintendent, and to each 
of the several County Treasurers in the State ; and he shall 
thereupon draw his requisition on the State Auditor in favor 
of the Treasurers of the several counties for such amounts as 
the said counties may be entitled to receive, for the support of 
Free Common Schools. 

AUDITOR'S REPORTS. 

Sec. 87. That he shall furnish each Circuit Superintendent 
the reports of the Auditor, Treasurer and other State officers. 

SCHOOL LAWS TO BE PUBLISHED. 

Sec. 88. That he shall from time to time publish in con- 
venient pamphlet form, and furnish each school officer, the 
Acts of the General Assembly relating to common schools, 
and the decisions of the Board of Education and of courts 



30 COMMON SCHOOL LAW OF ARKANSAS. 

having competent jurisdiction in relation to the school laws ; 
and he shall likewise at the request of any school officer, ren- 
der in writing an opinion relative to the intent, construction 
or administration of any portion of the school laws, on which 
decisions shall not have been published : And he may when 
he shall- deem it advisable to have the opinion of the Attor- 
ney General, require that said opinion be given in writing. 

ACCESS TO THE AUDITOR'S BOOKS. 

Sec. 89. That he shall, for the purpose of ascertainiiig the 
amount, safety and preservation of the School Fund, have 
access to the Auditor's books and papers with full power to 
use and inspect the same. 

TEACHER'S CERTIFICATES. 

Sec. 90. That he may examine teachers and determine 
their grade of qualifications as such ; but in issuing certifi- 
cates, he shall be subject to the same regulations as govern 
subordinate school officers empowered by law to grant cer- 
tificates. 

SHALL DELIVER RECORDS TO HIS SUCCESSOR. 

Sec. 91. That at the expiration of his term of office he shall 
deliver to his successor possession of his office, together with 
all books, records, documents, papers and other articles belong- 
ing or pertaining to his office. 

SEAL. 

-. Seo* 92. That he shall affix the seal of the department to 
all official communications from his office. 

VACANCY. 
Sec. 93. That whenever a vacancy in the office of Super- 
intendent of Public Instruction shall occur from death, resig- 
nation or dther cause, the GovernOT shall by and with the 
advice and consent of the Senate, appoint a person of suitable 



COMMON SCHOOL LAW OF ARKANSAS. 31 

attainments to serve the remainder of the unexpired term. 
Sec. 94. That neither the State nor Circuit Superintendents 
shall act as agent for any author, publisher, or bookseller, nor 
directly or indirectly receive any gift, emolument, reward or 
promise of reward for his influence in recommending or pro- 
curing the use of any book, school aparatus or furniture, ot 
any kind whatever, in any public school. And any Superin- 
tendent who shall violate this provision shall be deemed guilty 
of a misdemeanor, and subject to removal from office. 

STATE AUDITOR. 

Sec. 95. That the State Auditor shall, on requisition of the 
State Superintendent of Public Instruction, draw warrants on 
the State Treasurer for payment to the several County Trea- 
surers of the school revenues apportioned to their respective 

counties. 

PER CAPITA TAX. 

Sec. 06. That a per capita tax of one dollar shall be assessed 
©n every male inhabitant over the age of twenty-one years, 
in each county, by the County Assessor, and shall be collected 
at the same time and place that State taxes are collected, and 
by the same persons, and be paid into the State Treasury on 
or before the first day of July of each year, as a revenue for 
the support of common schools. 

STATE BOARD OF EDUCATION. 

Sec. 97. That the State Superintendent and the several Cir- 
cuit Superintendents shall constitute a Board of Education and 
agsuch shall meet annually on the second Monday of January, 
at the Capitol of the State. 

Sec 98. That the State Superintendent shall be President 
of the Board of Education ; shall keep subject to inspection 
in his office, a journal of their proceedings signed by himself, 
and cause the acts of the said Board to be published and 
distributed in the same manner as the acts of the General As- 
sembly are distributed. 



32 COMMON SCHOOL LAW OF AEKANSxiS. 

. ■ Seg 99. That the said Board shall not pass any act, or trans- 
act -any business, unless a quorum consisting of a majority of 
all the members of the Board; be present*;' 'b'ttt-'^aspf' adjdurh 
from time to time, without a quorum. ■ • ^;.'^'^'>^i^'''' ''-^ \iJy^'iii 

11? fp''' fv'frY')'! to o^iu^'^'i'"^ 
Sec. 100. That the said Board shall st34e every enactment 

as follows : "Be it enacted, or be it resolved by the !Board of 
Education of the State of Arkansas," and' siiaU'express^Ihe 
final passage of every enactment by " yeas and nays." 

Sec; 101. That the said Board shall have power and authority 
to legislate and to make all needful rules and regulations 
respecting common schools, and the general educational inter- 
ests of the State, and such regulatio?:f^+a,sj,ar,9^,];A9,essary to 
carry into efi'ect the provisions of this Act, and such other 
acts as may be hereafter approved by the General Assembly : 
Provided, That the said Board shall not legislate or make any 
such rules or regulations respecting the common schools of the 
State, without the concurrence of a majority of all the members 
©f the Board: Provided further, That all acts, rules and regu. 
lations by the said_^Board, maybe altered, amended or repealed 
by the General Assembly, and while such acts, rules or regula- 
tions stand thus repealed, they shall not be re-enacted by the 
said Board. And 'provided further. That the said Board shall 
have no power to levy taxes or to make appropriations. 

Sec. 102. That the said Board shall prepare for the benefit 
of the common schools of this State, a list of such text books 
on orthography, reading in English, mental and written arith- 
metic, penmanship, English grammar, modern geograi>hy, and 
history of the United States, as are best adapted to the wants 
of the learner, and as have been prepared with reference to 
the most philosophical methods of teaching those branches, 
and shall recommend the [said text books to teachers, and to 
trustees throughout the State. 

Beg/ 103. That the said Board shall prepare and adopt for 
the office of the State Superintendent, a seal presenting suita- 



COMMOiN SCHOOL LAW OF ARKANSAS. 33 

■•» 
ble devices and emblems, surrounded by the words "Depart- 
ment of Public Instruction." 

Sec. 104. That the said Board shall record a description and 
impression of the said seal on journal of their proceedings, and 
shall furnish an impression and like description thereof, to the 
Secretary of State, to be preserved in his office. 

Sec, 105. That a copy of any paper or document deposited 
or filed in the office of Superintendent of Public Instruction, 
shall when authenticated by the said seal, be evidence equal to 
all intents and purposes, with the original. 

Sec. 106. That the said Board shall, at each annual and at each 
special meeting, duly consider all mooted questions relating to 
the intent and application of the common school laws of the 
State, and also questions relating to the a«ts, duties and juris- 
diction of school officers ; and their decisions shall be final, 
unless reversed by " Acts" of the General Assembly, or by 
court, having competent jurisdiction. 

Sec. 107. That the said Board [shall] make the necessary pro- 
visions for establishing separate schools for white and colored 
children and youths, [] and shall adopt such other measures as 
they judge expedient for carrying the Free Common School 
system into effectual and uniform opperation throughout the 
State, and providing as nearly as possible for the education of 
every youth. They shall, at each annual meeting, confer with 
reference to the school aifairs of each judical district separately, 
and thereby endeavor to meet the educational wants of each 
particular section ; shaJl aim at the perfection of the " system 
of Free Common Schools " for this State ; shall endeavor to 
render available to the people, all improvements made by any 
revision or modification of the said system ; shall seek to give 
them the practical benefit of the ablest experience in the 
interest of schools, and shall devise means for introducing into 
the schools under their superintendence, such methods for 
instructing learners, as are adopted by the most skillful edu- 
cators of the times. 



34 COMMON SCHOOL LAW OF ARKANSAS. 

Sec. 108. That the said Board shall prepare appropriate 
forms for the three several grades of certificates to be issued 
to teachers by the State and the Circuit Superintendent ; they 
shall prepare suitable school registers in which teachers at the 
close of the school term are to make their reports to the 
Trustees, of the name and age of each pupil ; the date of each 
pupil's entrance, the seperate days on which each attended 
school ; the studies each pursued ; the total attendance ; and 
shall likeAvise prepare suitable forms for the reports of Trustees 
and Circuit Superintendents. 

Sec. 109. That all Acts and parts of acts, inconsistent with 
this act are hereby repealed. 

Sec. 110. That this Act shall be in force and effect from 
and after its passage. 

Approved, July 23rd, 1868. 



LIBRARY OF CONGRESS 



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